2

Bob is a citizen of a Member State B of the EU and is naturalized to be a citizen of the UK after the birth of his child. Bob had been living in the UK for 5 years before Brexit started, and has been living there ever since. He will soon receive citizenship.

He decides that he wants his less than 16-years-old child (born in Member State B outside the UK as his dad) to be a UK citizen too who otherwise lives with Bob’s divorced wife in Member State B.

What are the prerequisites? Does the child have to move to the UK, and if so, for how long?

7
  • Where was the child born? When? How old is the child? Where does the child live? Was Bob a citizen at the time of the child’s birth?
    – Dale M
    Commented Aug 15, 2021 at 1:35
  • 1
    Wanting to live permanently in the UK seems to be a prerequisite.
    – gnasher729
    Commented Aug 15, 2021 at 10:53
  • 1
    Did Bob establish himself in the UK after the UK joined the EEC and before the end of the Brexit transition period?
    – phoog
    Commented Aug 15, 2021 at 22:47
  • 1
    @gnasher729 it seems that the requirement is having lived in the UK for two years rather than any future intentions.
    – phoog
    Commented Aug 15, 2021 at 22:57
  • 1
    If Bob established himself in the UK while it was a member of the EEC/EU (including the transition period), was country B also a member at that time? If not, did Bob live for five consecutive years in the UK before being naturalized, while both it and country B were members?
    – phoog
    Commented Aug 15, 2021 at 23:16

1 Answer 1

2

According to Citizens' Advice, the child must live in the UK to be eligible for registration as a British citizen. If the child is over 13, the period of residence must be at least two years. However, in this case, the child appears not to be eligible, because the child's other parent resides abroad and is not a British citizen:

You can apply to register your child as British if one of their parents is British or applying to become British.

Your child’s other parent must either be British or settled in the UK. If their other parent has an immigration status that will lead to settlement, your child’s application might still be successful.

If the child cuts ties with Bob's former wife, however, this ineligibility disappears:

If you’re British and your child doesn’t have regular contact with their other parent, the other parent’s immigration status doesn’t matter.

The child could move to the UK as Bob's dependent child (probably under the EU settlement scheme), and then apply for naturalization after turning 18. This seems to be the only route where the child would derive some advantage from Bob's status in the UK.

7
  • Sorry, the questions was poorly written. I updated information based on your questions.
    – kisspuska
    Commented Aug 16, 2021 at 1:44
  • Does the child already have to have obtained permanent resident status or equivalent (the fact the they lived there for 90 days or more) before 18 or is it ok if they just move there, say, a week before 18?
    – kisspuska
    Commented Aug 27, 2021 at 17:36
  • 1
    @kisspuska If the child is over 13, there is a minimum 2-year period of residence. In any event, the child must have permanent residence or indefinite leave to remain. It's all there in the linked page.
    – phoog
    Commented Aug 27, 2021 at 17:45
  • thank you! I reviewed it, but I’m still unsure if it applies if the child moves to the UK at 17 years and 364 days or they would have to move latest 15 years and 364 days to be able to fulfill the 2 years before becoming 18.
    – kisspuska
    Commented Aug 27, 2021 at 19:15
  • 1
    @kisspuska I'm really not sure, I'm afraid, and I won't have any time to look more closely at it for several days. Perhaps if you post a new question here or at Expatriates to focus on that detail, someone who is more familiar with the relevant law will answer.
    – phoog
    Commented Aug 27, 2021 at 19:25

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .